State ex rel. Collins v. Stephenson
Supreme Court of Missouri
ERROR TO HOLT CIRCUIT COURT. 1st. The settlement of Margaret McGee is no evidence in this cause for defendants because her letters were vacated upon her marriage with McGee, and she had.no .right to make settlement thereafter with any person but the administrator, “ De Bonis Non.” See statutes ’43, sec. 24, and therefore the court erred in giving defendants second instruction. 2d.
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ERROR TO HOLT CIRCUIT COURT. 1st. The settlement of Margaret McGee is no evidence in this cause for defendants because her letters were vacated upon her marriage with McGee, and she had.no .right to make settlement thereafter with any person but the administrator, “ De Bonis Non.” See statutes ’43, sec. 24, and therefore the court erred in giving defendants second instruction. 2d. That any person interested in the estate has a right to recover upon the bond at any time that a breach thereof occurs, a denial of which principles by the court below, caused it to refuse the five instructions…
1Opinion of the Court
Scott, judge,
delivered the opinion of the court.
This was an action of debt against Margaret Stephenson as the administratrix of her deceased husband, Wm. Stephenson, and her sureties on her official bond, brought to the use of the heirs and distributees of the said Wm. Stephenson. The suit was instituted on the 2d October, 1846. The bond was dated the 7th February, 1842, and was conditioned to administer faithfully and account for and pay over all money and property of the said estate, and perform all other things touching said administration, required by law, or the order of any court…
2Cases cited2 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
3Cited by6 opinions
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
- Melton v. FitchSupreme Court of Missouri · 1894
- State ex rel. Kelley v. ThorntonSupreme Court of Missouri · 1874
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